Saunders v. Sankary

 

 

 

 

 

Filed 1/29/07  Saunders v. Sankary CA2/5

 

 

 

NOT
TO BE PUBLISHED IN THE OFFICIAL REPORTS

 

California
Rules of Court, rule 977(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 977(b).  This opinion has not been certified for
publication or ordered published for purposes of rule 977.

 

 

IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

 

SECOND
APPELLATE DISTRICT

 

DIVISION
FIVE

 

MARY LOUELLA SAUNDERS et al.,               Plaintiffs and Appellants,               v.   MYER J. SANKARY, as Successor Trustee, etc., et al.,               Defendants and Respondents.

B188155         (Los Angeles County       Super. Ct. No. PP005201)

 

            APPEAL from orders of the Superior Court of Los Angeles County,
Richard G. Kolostian, Judge.  Affirmed in part; dismissed in part.

            Nina Ringgold for Plaintiffs and Appellants.

            Oldman, Cooley, Sallus, Gold, Birnberg &
Coleman, Marshal A. Oldman and Mary‑Felicia Apanius for Defendant and Respondent
André-Paul Summers-Chaussier, as Successor Trustee of the Summers Family Trust.

            Oldman, Cooley, Sallus, Gold, Birnberg &
Coleman, Marshal A. Oldman and Mary‑Felicia Apanius; Marc Edwards for Defendant
and Respondent Ernest Gordon Saunders, as Successor Trustee of the Mary Louella
Saunders Supplemental Needs Trust.

            Myer J. Sankary, in pro. per.; Law Offices of
Andrea Lynn Rice and Andrea Lynn Rice for Defendant and Respondent Myer J.
Sankary, as Successor Trustee of the Aubry Family Revocable Trust.

I.          INTRODUCTION

 

            This appeal
arises out of the Aubry Revocable Family Trust dated March 4, 1987 (the Aubry family trust).  Nina Ringgold appeals from:  a November 15, 2005 preliminary distribution order; a December 6, 2005 order removing Daniel Stubbs as trustee of the Mary Louella Saunders Supplemental Needs Trust  (the
supplemental needs trust) and appointing Ernest Gordon Saunders, Mary Louella
Saunders's son and legal guardian,  as trustee; a December 16, 2005 attorney withdrawal order; and a December 16, 2005 distribution order.  We affirm those orders as to Ms. Ringgold.  In addition, Ms. Ringgold purports to
represent Ms. Saunders on appeal from the foregoing orders.  However, for the
reasons discussed below, we find Ms. Ringgold is not authorized to pursue this
appeal on Ms. Saunders's behalf.  As a result, the appeal is dismissed as to
Ms. Saunders.

 

II.         BACKGROUND

 

            Mary Louise and Robert B. Aubry created the Aubry
family trust in March 1987.  Ms. Aubry died on October 3, 1995.  Upon her death, Mr. Aubry became the sole trustee.  Mr. Aubry died on September 26, 2002.  The Aubry family trust was amended four times--on April 28, 1994, and after Ms. Aubry's death, on December 1, 1995, June 1, 1998, and April 20, 2000.  The second and third amendments named Eunice M. Aubry-Summers^[1] and
Ms. Ringgold as successor cotrustees if Mr. Aubry became unable or unwilling to
serve as trustee.  The fourth
amendment named Ms. Aubry-Summers as the

sole successor trustee.  On
the same date he executed the fourth amendment to the Aubry family trust, April 20, 2000, Mr. Aubry also resigned as trustee. 

            On March 6, 2003, Ms. Ringgold and Ms. Saunders filed petitions under Probate Code section
17200, subdivision (a) to relieve Ms. Aubry-Summers as trustee.  They alleged
Ms. Aubry-Summers had:  breached the Aubry family trust by concealing trust
property and information; further breached the Aubry family trust by using
undue influence to cause changes in the trust, including the fourth amendment
naming her as sole successor trustee; and engaged in elder and dependent adult
abuse with respect to Mr. Aubry.  Ms. Ringgold and Ms. Saunders sought Ms.
Aubry-Summers's immediate suspension and removal as trustee.  Also, Ms.
Ringgold and Ms. Saunders sought to require Ms. Aubry-Summers to account for
trust property.  They also requested trustee compensation.  

            On May 30, 2003, the probate court ordered Ms. Aubry-Summers suspended as trustee and named Ms. Saunders as the sole
trustee.  On October 14, 2003, the probate court named Ms. Ringgold and Ms.
Saunders as interim co-trustees.  Ms. Saunders suffered a stroke on March 5, 2004, and was thereafter incapacitated.  On March 10, 2005, the probate court appointed Myer J. Sankary as trustee of the Aubry family trust.  On April 8, 2005, the probate court approved the supplemental needs trust and appointed Ms.
Ringgold as the trustee.  On July 19, 2005, the Supreme Court of the State of New
York appointed Ernest Gordon Saunders guardian of his mother, Mary Louella
Saunders, an incapacitated person.  The New York court issued a Commission of
Guardian on October 29, 2005.  Mr. Saunders was empowered to, among other
things, â€